maximum. These issues are complicated by the fact that detainees only have access to Bosasa security officials, who lack the necessary training and responsibility to protect the rights of detainees. Officials have been known frequently to ignore or delay court orders for release. However, the lack of transparency at this stage limits the extent to which the problems occurring inside the detention facility can be monitored and addressed. i. Lindela Detention Centre Photo 3: The outside of Lindela Detention Centre The Lindela Detention Centre is a large holding facility in Guateng used to hold alleged illegal migrants while awaiting deportation. The Department of Home Affairs, which is responsible for Lindela, employs a company named Bosasa to manage the facility. Though Bosasa claims that Lindela is "compliant with all good governance and lawful criteria,"42 the centre has long been under investigation by various human rights groups after extremely numerous reports of unethical and unlawful treatment of detainees.43. Reports have noted illegally extended periods of detention, abusive conditions, failure to inform detainees of legal rights, and more. The greatest concern about the DHA subcontracting the management of Lindela is that the Bosasa officials serve as a buffer between detainee and DHA official. According to the Immigration Act, the detainee is allowed to ask any officer at any time to confirm their detention for the purpose of deportation by a warrant of the court (Section 34(1)(b)).If the detainee asks for such a warrant and the warrant is not issued within 48 hours, the person must be immediately released (Section 34(1)(b)) But a detainee can only enact this right through an immigration officer. The security guards hired by Bosasa have no training in immigration law and have no incentive—unless a monetary one is on the table—to listen to the appeals of detainees. Yet they are the ones with the responsibility of the well being of detainees, many of whom, as the Arrests section clearly illustrated, have good reason to want to appeal their detention. As LHR reports, 42 Bosasa. "Lindela Repatriation Centre." Accessed 3 May 2012. http://www.bosasagroup.com/content/1361/1275/lindela-repatriation-centre 43 Lawyers for Human Rights: 2010 Immigration Detention Report http://www.lhr.org.za/publications/immigration-detention-report 29

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